ILR application - SET(M) or FLR(M)? and other questions

Hi,

I landed in the UK on a spouse visa under the old rules on 2 July 2012. I've just sat down to start filling out my ILR application, and they've updated the form as of April 2014, and now I'm paranoid that the form I need isn't actually the one I thought I needed.

My husband is a British citizen by birth, my spouse visa 2 years are up soon and I want to settle here permanently, and qualify to do so under the old rules.

Do I need to complete the SET(M), or the FLR(M)? I plan to apply in person, and am paranoid about bringing in the wrong form and forfeiting my application fee. I *know* I need the SET(M), but just want someone to confirm  I *think* FLR(M) is more for either new rules, or those who started here on a fiance visa...?

Also, I saw on another thread that Husband & I will need to bring in 6 months of payslips. He works in the UK, I am still paid in the US for work I do remotely. My salary is deposited into my US account and periodically I transfer money from it into my UK account. I pay applicable taxes in both countries. Will I need to bring in 6 months of pay slips from the US? Either of our salaries would meet the minimum standards under the old rules (pre-9 July 2012).

Thanks in advance!

FLR(M) is an extension of your current visa... It's basically the same as a spousal visa, just applied for inside the UK, so you would only use it if you do not qualify for ILR before your current visa expires and you need to extend it (so new rules applicants will have to extend their spousal visa for a further 2.5 years using FLR(M) before they can qualify for ILR.

If you are on the old rules and qualify for ILR now (you have taken the Life in the UK test and meet the 2-year residency requirement), the form you need is SET(M).

That's great, thanks so much for replying. Yes I've passed the LITUK test and my 2 years here are completed on 4 July (left US 2 July, landed here 3 July 2012), so I plan to apply for an in-person appointment in June.

Any insight into the payslips question? Personally unless it would be required information, I'd rather not submit anything to do with my US income. Husband meets the requirements for us both easily and I'm afraid that submitting proof of me drawing a salary in the US would cloud the issue a little. I'm not seeking to hide it; as I said I pay all applicable taxes in both countries, but I think it might be irrelevant info since Husband's income could support us both.

Perhaps I'll take my payslips with me but not submit them unless the examiner asks about it?

What do you think?

Sorry, I missed your payslip question earlier (replying on my phone). If your husband already makes more than enough then you don't have to worry too much about your income. Some people like to include everything in order to show a complete picture of their finances though. they won't really care that your income is from the US, so it shouldn't be a big deal.

I would probably take your payslips along with you anyway and then you can show them if they ask you about your income. Essentially though finances are not all that important for old rules ILR. As long as you show you haven't accessed public funds and can continue to support yourselves without you accessing them, there shouldn't be any issues at all.

That's really helpful, thanks very  much for your quick reply. I'm having issues printing hte form out (keeps cutting off the bottom bits of random pages) but hopefully will have this thing wrapped up soon - will be so glad when it's all done!

Thanks again!

Cautiously wading into this territory so I'm armed in April when I have to apply.

I just want to be done with immigration for both countries. It's expensive and frustrating.

I, too, am eligible under the old rules altho my 2 years in the UK won't be until after my visa expires.

Glad to see ksand around & answering! You were my lifesaver last time.

I, too, am eligible under the old rules altho my 2 years in the UK won't be until after my visa expires.

How long is the gap between your visa expiring and your 2 years in the UK? It's possible you may have to apply for FLR(M) to bridge the gap.

Arrived June 2013, visa was valid Jan 2013-Apr 2015.

I applied before the new rules, and my visa is stamped KOL required.

If you have KOL req you don't need to wait at all. You can apply as soon as you have passed the test.

With KOL Req'd you can skip the 2-year residency requirement for ILR because you are eligible to apply for it as soon as you have passed the Life in the UK (KOL) test.

So as long as you pass the KOL test first, you can apply for ILR whenever you like - any time between now and April 2015.

Hi,

Me again - filling out the new SET(M) form (glad I checked the forum & saw the update!) and hoped someone could weigh in on my application.

Landed in UK on 3 July 2012 (not 2 July as previously posted) and Spouse Visa entry clearance says valid from 27/06/2012 til 27/09/2014. I am here on a Spouse visa under the old rules.

We'd like an in-person interview, ideally on 26 June 2014 or 30 June 2014 - convenient for us, and would let us avoid having to include Husband's June payslip - employer is moving to electronic payments, and getting HR to certify it would be a headache for them (HR).

Could the appt be on either of these dates, or would it have to be held between 3 July and 27 September?

About the form, I still have a few items I can't figure out -
2.27 - do we have any shared financial responsibilities? - I'm not actually sure! Mortgage is in his name; only bills in joint names is water & gas, but I pay half of all living expenses. Is this asking me if I'm legally liable, or just whether I contribute to household expenses?

9.12 - ties to the US - would 'immediate and extended family, and friends' suffice? Anything else they want to know about? At the time of the appt I will still own a house, and have bank accounts in the US.

Sec 8, finances - list income sources. Husband works FT in the UK; I'm still paid in the US. My salary goes into a savings account and I remit money here to the UK as needed. Husband's salary exceeds new requirements so certainly meets old ones. Should I submit my US payslips with an explanation? I only pull from savings periodically, maybe 3-4x a year, and it's classed as 'savings' rather than a direct transmission of my paycheck, if that makes sense. I can substantiate everything, it's just a little messy and I'm not sure if they'll even care, since we don't draw public funds and Husband is employed.

Supporting docs
I'm including:

My passport, husband's passport
LITUK pass certificate
Our certified marriage certificate from US, which has a red colored pencil streak on it, hope that isn't a problem!
Husband's final divorce decree issued in UK
2 passport-style photos (me) + 1 of Husband
6 months Husband bank statements, certified/stamped by bank
6 months Husband payslips
P60 - Husband
6 months payslips from US - mine (if necessary? see above)
6 months US & UK bank statements - mine (US necessary? see above)

Will we need to submit my stepchildren's UK passports?

Husband's child custody arrangement is private & as such nothing official exists re: support (50-50 custody, no maintenance; shared acct w/ExWife for shared childcare expenses). Will UKBA require anything to substantiate this? Should we submit Husband/H's ExW account statements?

2yrs' docs, spaced out:
July - Oct 2012: British gas letter, addressed to "Mr & Mrs..." - joint
Nov 12 - Feb 2013: NatWest joint acct bank statement - joint
March - June 2013: Thames Water bill - joint **Can't find at the mo - might have to substitute NatWest joint acct statement - joint
July - Oct 2013: DVLA letter - me; annual mortgage statement, dated Sept - Husband
Nov 13 - Feb 2014: Private IVF clinic letter, specifically addressed to me but says "Dear (me and Husband) - joint OR NatWest joint acct statement - joint OR could add DVLA tax disc notice - Husband, or council tax bill - Husband, and HRMC letter - me
March - June 2014: Thames Water bill - joint

*Am I trying to use too many bank statements?



I think this is all for now - the more I look at this, the loopier I get!
Thanks for the review!!

*actually, now I'm about to hyperventilate.

The only US bank statement I have that's an original, issued in the last 6 months, is April's.

Apparently the bank turned off my paper statement option, and I am only just realizing this, going through the package of statements gathered for me by my parents & picked up on my trip to the US in May.

So I don't have the full set of 6months' originals to submit. I could request replacements to be issued/certified, but they wouldn't arrive here til July or later.

Would the lack of original statements mean I shouldn't submit my US pay stubs? Or would I be fine submitting my UK statements only?

US salary is submitted into US savings account & $ is periodically remitted to my UK bank account.

Panicking!!

Could the appt be on either of these dates, or would it have to be held between 3 July and 27 September?

The earliest date the appointment can be is 28 days before 3rd July... so 5th June. The latest date is 27th September.

So, you can have the appointment on one of those dates, providing they have available appointments to book.

About the form, I still have a few items I can't figure out -
2.27 - do we have any shared financial responsibilities? - I'm not actually sure! Mortgage is in his name; only bills in joint names is water & gas, but I pay half of all living expenses. Is this asking me if I'm legally liable, or just whether I contribute to household expenses?

Just say what you both contribute towards financially - things like mortgage payment, bills, any credit cards or store cards etc.

9.12 - ties to the US - would 'immediate and extended family, and friends' suffice? Anything else they want to know about? At the time of the appt I will still own a house, and have bank accounts in the US.

Just put whatever ties you have to the US... it's not a trick question, so just be honest. If you have family and friends and a house there, then that's what you write.

Sec 8, finances - list income sources. Husband works FT in the UK; I'm still paid in the US. My salary goes into a savings account and I remit money here to the UK as needed. Husband's salary exceeds new requirements so certainly meets old ones. Should I submit my US payslips with an explanation? I only pull from savings periodically, maybe 3-4x a year, and it's classed as 'savings' rather than a direct transmission of my paycheck, if that makes sense. I can substantiate everything, it's just a little messy and I'm not sure if they'll even care, since we don't draw public funds and Husband is employed.

It's up to you what you include.

All you have to show is that you, the US citizen, has not claimed any public funds and that you can continue to support yourself without you needing to claim any public funds in the future.

If you can show this using only your husband's income, then you don't need to worry about including any US salary or savings evidence, and you can just include any money in your UK account.

Or, if you want to show a complete picture of all your finances, then go ahead and include 6 months of your US payslips and bank statements, as well as your husband's payslips and bank statements and any UK statements you have.

Will we need to submit my stepchildren's UK passports?

No, they have absolutely nothing to do with your application.

Husband's child custody arrangement is private & as such nothing official exists re: support (50-50 custody, no maintenance; shared acct w/ExWife for shared childcare expenses). Will UKBA require anything to substantiate this? Should we submit Husband/H's ExW account statements?

I don't really know - are you mentioning this on the application form? If so, it would be worth including the bank statements to show where his money is going for childcare each month.

2yrs' docs, spaced out:
July - Oct 2012: British gas letter, addressed to "Mr & Mrs..." - joint
Nov 12 - Feb 2013: NatWest joint acct bank statement - joint
March - June 2013: Thames Water bill - joint **Can't find at the mo - might have to substitute NatWest joint acct statement - joint
July - Oct 2013: DVLA letter - me; annual mortgage statement, dated Sept - Husband
Nov 13 - Feb 2014: Private IVF clinic letter, specifically addressed to me but says "Dear (me and Husband) - joint OR NatWest joint acct statement - joint OR could add DVLA tax disc notice - Husband, or council tax bill - Husband, and HRMC letter - me
March - June 2014: Thames Water bill - joint

*Am I trying to use too many bank statements?

No, your bank statements are fine, you just need to have a minimum of 3 different sources for the letters, and you have 9 possible sources at the moment, depending on which ones you decide to use.

I would probably go with:

July - Oct 2012: British gas letter, addressed to "Mr & Mrs..." - joint (1st source)

Nov 12 - Feb 2013: NatWest joint acct bank statement - joint (2nd source)

March - June 2013: Thames Water bill - joint **Can't find at the mo - might have to substitute NatWest joint acct statement - joint (3rd source if you use water bill)

July - Oct 2013: DVLA letter - me; annual mortgage statement, dated Sept - Husband (4th and 5th sources)

Nov 13 - Feb 2014: council tax bill - Husband, and HRMC letter - me (6th and 7th sources)

March - June 2014: Thames Water bill - joint

The only US bank statement I have that's an original, issued in the last 6 months, is April's.

Apparently the bank turned off my paper statement option, and I am only just realizing this, going through the package of statements gathered for me by my parents & picked up on my trip to the US in May.

So I don't have the full set of 6months' originals to submit. I could request replacements to be issued/certified, but they wouldn't arrive here til July or later.

Would the lack of original statements mean I shouldn't submit my US pay stubs? Or would I be fine submitting my UK statements only?

US salary is submitted into US savings account & $ is periodically remitted to my UK bank account.

If you can't get original US bank statements, and your husband's income covers the requirement, then just don't bother including anything from your US income or bank account.

Or alternatively, just include the copies anyway as evidence and if they aren't acceptable, your husband's income will cover the requirement anyway.

If you have an in-person appointment, bring more docs that you think you'll need.

No harm in bringing your extra proof of cohabitation and anything you think they might want. Just keep one pile of what you know they'll want and have the rest on hand.

I believe someone on here said they emptied the contents of their filing cabinet in their car just in case they needed something when they applied for FLR. Chances are you won't need it, but it's a nice reassuring feeling knowing you've got backup docs with you.

hi,

About the timing of the appointment, if I have my in-person appointment prior to my landing date of 3 July, would the "you must have completed 2 years' leave" requirement have been met? The Guidelines say you may apply once 'nearing completion' of the 2-yr qualifying rule. Would 30 June, 3 days shy of my 2 full years, be OK?

Re: the passport-style photos, must they be within a certain timeframe of application? Husband had passport pics taken last year for his passport renewal. Can we use one?

Are birth certificates required?

Are copies of the app or supporting documents required?

Finances: I can easily include UK bank statements. There will be at least one entry of a large sum being transferred into the account, where I transferred money from my US savings. If I mention "periodic draws from US savings" in Section 8, or if the clerk examines my UK bank statements and wonders where the money came from, would that automatically mean I should have included my US bank statements? I only have 1 month's originals from the last 6 months, so would love to avoid needing to order certified sets/delaying the appt.

I say Husband's income meets all requirements, but now I'm paranoid - his monthly salary is 2122 starting in May when he had a raise; 100 less than that previously. Is that a believable amount to support 2 adults and 2 children (half the time) in the Southeast? 

Husband's child support isn't mentioned on the app so am avoiding that issue altogether. It only asks about SKs residency, and who is financially responsible (I'm not).

British Diplomatic posting of where biometrics were taken - ?? I had fingerprints/iris scan done at the USCIS in my area as part of my spouse visa application. Is that office a 'British embassy posting'?

Biometric permit - I haven't got one, bc one wasn't issued to me under the old rules. Does this sound right?

I am really sorry for all these ridiculous questions; this is the third time I"ve filled the form out bc they keep changing it, and the more I do it, the more confused I make myself